Online research in philosophy

John Rawls (1921-2002) was one of the 20th century's most important philosophers and continues to be among the most widely discussed of contemporary thinkers. His work, particularly A Theory of Justice, is integral to discussions of social and international justice, democracy, liberalism, welfare economics, and constitutional law, in departments of philosophy, politics, economics, law, public policy, and others. Samuel Freeman is one of Rawls's foremost interpreters. This volume contains nine of his essays on Rawls and Rawlsian justice, two of (...) which are previously unpublished. Freeman places Rawls within historical context in the social contract tradition, addresses criticisms of his positions, and discusses the implications of his views on issues of distributive justice, liberalism and democracy, international justice, and other subjects. This collection will be useful to the wide range of scholars interested in Rawls and theories of justice. (shrink)

A discourse on the arts and sciences -- A discourse on the origin of inequality -- A discourse on political economy -- The general society of the human race -- The social contract.

The work of Jean-Jacques Rousseau is presented in two volumes, together forming the most comprehensive anthology of Rousseau's political writings in English. Volume II contains the later writings such as The Social Contract and a selection of Rousseau's letters on important aspects of his thought. The Social Contract has become Rousseau's most famous single work, but on publication was condemned by both the civil and the ecclesiastical authorities in France and Geneva. Rousseau fled and it is (...) during this period that he wrote some of his autobiographical works as well as political essays such as On the Government of Poland. This volume, like its predecessor, contains a comprehensive introduction, chronology and guide to further reading, and will enable students to obtain a full understanding of the writings of one of the world's greatest thinkers. (shrink)

This major study of Hobbes's political philosophy draws on recent developments in game and decision theory to explore whether the thrust of the argument in Leviathan, that it is in the interests of the people to create a ruler with absolute power, can be shown to be cogent. Professor Hampton has written a book of vital importance to political philosophers, political and social scientists, and intellectual historians.

The perfect books for the true book lover, Penguin’s Great Ideas series features twelve more groundbreaking works by some of history’s most prodigious thinkers. Each volume is beautifully packaged with a unique type-driven design that highlights the bookmaker’s art. Offering great literature in great packages at great prices, this series is ideal for those readers who want to explore and savor the Great Ideas that have shaped our world.

THE first and most important deduction from the principles we have so far laid down is that the general will alone can direct the State according to the object ...

In addition, this edition offers the best available translation of the late and important Government of Poland and the only published English translation of the fragment Constitutional Project for Corsica, which, says Watkins, provides the ...

In addition, this edition offers the best available translation of the late and important Government of Poland and the only published English translation of the fragment Constitutional Project for Corsica, which, says Watkins, provides the ...

The perfect books for the true book lover, Penguin’s Great Ideas series features twelve more groundbreaking works by some of history’s most prodigious thinkers. Each volume is beautifully packaged with a unique type-driven design that highlights the bookmaker’s art. Offering great literature in great packages at great prices, this series is ideal for those readers who want to explore and savor the Great Ideas that have shaped our world.

The perfect books for the true book lover, Penguin’s Great Ideas series features twelve more groundbreaking works by some of history’s most prodigious thinkers. Each volume is beautifully packaged with a unique type-driven design that highlights the bookmaker’s art. Offering great literature in great packages at great prices, this series is ideal for those readers who want to explore and savor the Great Ideas that have shaped our world.

One unique part of Rousseau's Social Contract is his argument that a just society must have a specific constitutional arrangement of powers centred around what he calls the Sovereign and the Prince. This makes his philosophy different from other contractualists, such as Hobbes and Locke, who think that the principles of good government are compatible with any number of institutional structures. Rousseau's constitutional theory is thus significant in a way that has no parallel in Hobbes or Locke. More (...) to the point, any problems that exist in his constitutional theory will have consequences for his political thought as a whole. This article argues that there is a contradiction at the center of Rousseau's theory of institutions that threatens the cogency of the Social Contract. Key Words: Rousseau • separation of powers • social contract • sovereignty. (shrink)

This article is extracted from a forthcoming book, ‘Natural Justice’. It is a nontechnical introduction to the part of game theory immediately relevant to social contract theory. The latter part of the article reviews how concepts such as trust, responsibility, and authority can be seen as emergent phenomena in models that take formal account only of equilibria in indefinitely repeated games. Key Words: game theory • equilibrium • evolutionary stability • reciprocity • folk theorem • trust • altruism (...) • responsibility • authority. (shrink)

This paper argues that widely accepted understanding of the respective responsibilities of business and government in the post war industrialized world can be traced back to a tacit social contract that emerged following the second world war. The effect of this contract was to assign responsibility for generating wealth to business and responsibility for ensuring the equitable sharing of wealth to governments. Without question, this arrangement has resulted in substantial improvements in the quality of life in the (...) industrialized world in the intervening period. I argue that with advance of economic globalization and the growing power and influence of multi national corporations, this division of responsibilities is not longer viable or defensible. What is needed, fifty years after the United Nations Declaration of Human Rights, is a new social contract that shares responsibilities for human rights and related ethical responsibilities in a manner more in keeping with the vision captured by the post war Declaration. I conclude by suggesting some reasons for thinking that a new social contract may be emerging. (shrink)

The framing question of Mills' important and thought-provoking paper is whether there is reason for political progressives and radicals to employ the notion of a social contract for either descriptive or normative purposes. In contrast to the common response that the social contract is a piece of "bourgeois mystification" he argues instead that a reformulated conception of the contract, one which he calls the..

Martha Nussbaum has powerfully argued in Frontiers ofJustice and elsewhere that John Rawls’s sort of social-contract theory cannot usefully be deployed to deal with issues pertaining to justice for the disabled. To counter this claim, this article deploys Rawls’s sort of social-contract theory in order to deal with issues pertaining to justice for the disabled—or, since, as Nussbaum stresses, we all have some degree of disability—for the severely disabled. In this way, rather than questioning one by (...) one Nussbaum’s interpretive claims about Rawls’s view, one can simply see how the Rawlsian framework can work in application to this issue. Following Rawls’s lead, the paper utilizes the idealized “initial choice situation” as an analytic and comparative device for examining alternative principles of justice, developing three different interpretations of the initial choice situation that each correspond to a different set of principles that apply to people of all levels of disability. One of these sets of principles is a simple extension of Rawls’s, one is very close to what Nussbaum herself recommends, and the third is a kind of hybrid. In this way, it is shown not only that Rawls’s social-contract device can usefully be applied to these issues, but also that it is helpful for exploring the deep commitments underlying each of these competing sets of principles. (shrink)

Rousseau's Social Contract is a benchmark in political philosophy. It has inspired and influenced moral and political thought since publication and is widely studied for this reason. This GuideBook takes a thematic look at the text, discussing and examining ideas in the context of the time and their implications for future philosophical and political thought. It will be vital reading for anyone coming to the book for the first time.

Brian Skyrms has argued that the evolution of the social contract may be explained using the tools of evolutionary game theory. I show in the first half of this paper that the evolutionary game-theoretic models are often highly sensitive to the specific processes that they are intended to simulate. This sensitivity represents an important robustness failure that complicates Skyrms's project. But I go on to make the positive proposal that we may none the less obtain robust results by (...) simulating the population structures that existed among our evolutionary ancestors. It is by extending the evolutionary models in this way that we should pursue the project of explaining the evolution of the social contract. (shrink)

Does rational bargaining yield a social contract that is efficient and so inclusive? A core allocation, that is, an allocation that gives each coalition at least as much as it can get on its own, is efficient. However, some coalitional games lack a core allocation, so rationality does not require one in those games. Does rationality therefore permit exclusion from the social contract? I replace realization of a core allocation with another type of equilibrium achievable in (...) every coalitional game. Fully rational agents coordinate the pursuit of incentives so that equilibria of this type are efficient. They adopt a social contract that is efficient and inclusive. (shrink)

: Decisions about funding health services are crucial to controlling costs in health care insurance plans, yet they encounter serious challenges from intellectual property protection—e.g., patents—of health care services. Using Myriad Genetics' commercial genetic susceptibility test for hereditary breast cancer (BRCA testing) in the context of the Canadian health insurance system as a case study, this paper applies concepts from social contract theory to help develop more just and rational approaches to health care decision making. Specifically, Daniels's and (...) Sabin's "accountability for reasonableness" is compared to broader notions of public consultation, demonstrating that expert assessments in specific decisions must be transparent and accountable and supplemented by public consultation. (shrink)

Rousseau and Geneva reconstructs the main aspects of Genevan socio-economic, political and religious thought in the first half of the eighteenth century. In this way Dr Rosenblatt effectively contextualizes the development of Rousseau's thought from the First Discourse through to the Social Contract. Over time Rousseau has been adopted as a French thinker, but this adoption obscures his Genevan origin. Dr Rosenblatt points out that he is, in fact, a Genevan thinker and illustrates for the first time that (...) Rousseau's classical republicanism, his version of natural law theory, his civil religion, and his hostility to the arguments of doux commerce theorists are all responses to the political use of such arguments in Geneva. The author also points out that it was this relationship with Geneva that played an integral part in his development into an original political thinker. (shrink)

Despite significant ethical advances in recent years, including professional developments in ethical review and codification, research deception continues to be a pervasive practice and contentious focus of debate in the behavioral sciences. Given the disciplines' generally stated ethical standards regarding the use of deceptive procedures, researchers have little practical guidance as to their ethical acceptability in specific research contexts. We use social contract theory to identify the conditions under which deception may or may not be morally permissible and (...) formulate practical recommendations to guide researchers on the ethical employment of deception in behavioral science research. (shrink)

Social contract theory has been criticized as a “theory in search of application.” We argue that incorporating the nano, or individual, level of analysis into social contract inquiry will yield more descriptive theory. We draw upon the psychological contract perspective to address two critiques of social contract theory: its rigid macro-orientation and inattention to the process of contract formation. We demonstrate how a psychological contract approach offers practical insight into the impact (...) of social contracting on day-to-day human interaction. We then articulate several potentially testable propositions that emerge from this nano-level perspective. (shrink)

The constitutions of many nations have been explicitly or implicitly founded upon principles of the social contract derived from Thomas Hobbes. The Hobbesian egoism at the base of the contract fairly accurately represents the structure of market enterprise. A contractarian analysis may, then, allow for justified or rationally acceptable universal standards to which businesses should conform. This paper proposes general rational restrictions upon multi-national enterprises, and includes a critique of unjustified restrictions recently proposed by the Organization for (...) Economic Cooperation and Development (OECD). I propose restrictions that may be tighter than the OECD and international law currently demand, because reason requires that the activities of enterprises accord with standards of environmental and governmental sustainability in addition to consortium, national law and international law agreements. I argue that it is justifiable that indictments may be presented by a citizen or a government against the local arm of a multinational enterprise in response to violations committed by an arm within a different country. (shrink)

Professor Donaldson in his book Corporations and Morality has attempted to use a social contract theory to develop moral principles for regulating corporate conduct. I argue in this paper that his attempt fails in large measure because what he refers to as a social contract theory is, in fact, a weak functionalist theory which provides no independent basis for evaluating business corporations. I further argue that given the nature of a morality based on contract and (...) the nature of the modern corporation, it is highly unlikely that any plausible contract theory of business ethics can be developed. (shrink)

Charles Renouvier (1815-1903) regarded normative questions in epistemology and philosophy of science as analogous to those in moral and political philosophy and proposed similar ways of dealing with both. He argued that it was not possible to achieve certainty or even complete consensus in either morality or science. In the social and ethical realm, people should deal with these problems through their voluntary agreement to a social contract that consists of what he called “positive conventions and laws.” (...) This social contract has no normative force unless it is entered into voluntarily. Once it is agreed upon, it provides the basis for civil liberties. It should always remain open to criticism and revision. Denying Kant’s distinction between theoretical and practical reason, Renouvier held that knowledge also depends upon freedom of the will and individual liberty. Just as rules that one is forced to obey have no moral authority, propositions one is forced to accept have no epistemic authority. Renouvier also drew an analogy between the ways in which the social contract and science develop over time through the critical examination of accepted views, thus suggesting that scientific theories were conventional in the same way as the social contract. Science then appears to depend on two sorts of social contract for Renouvier: one that governs society at large and guarantees freedom of inquiry and another that is shared among the scientific community and consists in theories and methods that are conventionally held and subject to critical evaluation and modification. (shrink)

Drawing on the Second Discourse and the Social Contract and Notes from Underground and “The Dream of a Ridiculous Man,” this essay examines the striking similarities and fundamental differences between Dostoevskij’s and Rousseau’s treatment of the problem of individual vs. society and their notions of ideal social relations. The essay investigates Rousseau’s attempt to absorb morality into politics and “to concretize” Diderot’s universal moral man into citizen. It also suggests that Dostoevskij takes Rousseau’s attempt at concretization a (...) step further by exposing humanist conceptions of man and society in general as fiction and creating a model of ideal society that absorbs morality, not into politics (as does Rousseau’s model), but into the sanctity of the Word. (shrink)

In this article I argue that Rorty has three separatearguments for liberalism. The pragmatic-ethnocentric argument for liberalism,as a system which works for `us liberals'', is rejectedfor entailing relativism. The social contract argument results in an extreme formof individualism. This renders politics redundantbecause there is no need for the (liberal) state toprotect poetic individuals, who are capable ofdefending themselves. Even if the less able areharmed, the state could not prevent this, givenRorty''s arguments about discursive enrichment withina language game. Finally, (...) the positivistic-conservative argument legitimisesliberal politics by fiat, and makes normativediscussion about the status quo illegitimate. Herethe argument is that politics is a matter of reactivetechnical piecemeal problem-solving, to restore theharmony of the status quo. As politics deals with`facts'', normative `problematisations'' of thefunctional status quo are illegitimate (in the public/political sphere). So, either anything goes, andpolitics is redundant, or discussion of politics isdepoliticised and confined to the private sphere.Consequently, Rorty has no way to explore issues ofpower, or normative contestation. Therefore he isunable to address issues of social justice withinliberal democracies, such as feminist arguments aboutan ascribed gender status limiting equalityof opportunity. (shrink)

Bernard Gert's distinctive interpretation of the philosophy of Thomas Hobbes in his recent book may be questioned in at least three areas: (1) Even if Hobbes is not a psychological egoist, he seems to be a desire egoist, which has the consequence, as he understands it, that a person acts at least for his own good in every action. (2) Although there are several senses of reason, it seems that Hobbes uses the idea that reason is calculation of means to (...) ends; while such calculation sets intermediate goals, reason itself does not set ultimate ends. (3) Hobbes's political theory is best understood as a form of social contract theory because subjects covenant among themselves to authorize the sovereign to protect them; authorization has the consequence that subjects give some of the their rights to the sovereign; but this gifting of rights is not the essence of the origin of the civil state. (shrink)

In The Frontiers of Justice, Martha Nussbaum argues that social contract theory cannot accommodate political duties to animals because it requires the parties to the contract to enjoy rough physical and mental equality. Her interpretation of the social contract tradi­tion is unpersuasive; social contract theory requires only that the parties be equally free and deserving of moral consideration. Moreover, social contract theory is superior to her capabilities approach in that it allows (...) us to limit the scope of the community of justice to animals we are capable of recognizing as subjects of justice and with whom we have a political relationship. (shrink)

This paper seeks to define and delimit the scope of the social responsibilities of health professionals in reference to the concept of a social contract. While drawing on both historical data and current empirical information, this paper will primarily proceed analytically and examine the theoretical feasibility of deriving social responsibilities from the phenomenon of professionalism via the concept of a social contract.

Urban communities in 21st century America are facing severe economic challenges, ones that suggest a mandate to contemplate serious changes in the way America does business. The middle class is diminishing in many parts of the country, with consequences for the economy as a whole. When faced with the loss of its economic base, any business community must make some difficult decisions about its proper role and responsibilities. Decisions to support the community must be balanced alongside and against responsibilities to (...) owners, shareholders and relevant “stakeholders” in a relatively new context. Corporations in urban communities “hollowed out” by white flight or urban sprawl must decide what level of support they can and should provide. This paper examines corporate decisions within the emerging urban prosperity initiatives, using the framework of integrative social contract theory proposed by Donaldson and Dunfee. We suggest that urban prosperity initiatives present a mandate on corporations sufficiently strong as to qualify as an authentic norm. Further, we argue that strict adherence to a corporate bottom line approach or “corporate isolationism” is not congruent with contemporary community standards. (shrink)

The public responsibilities of nonprofit hospitals have been contested since the advent of the 1969 community benefit standard. The distance between the standard's legal language and its implementation has grown so large that the Internal Revenue Service issued a new reporting form for 2008 that is modeled on the Catholic Health Association's guidelines for its member hospitals. This article analyzes the appearance of an emerging moral consensus about community benefits to argue against a strict charity care mandate and in favor (...) of directing efficient care delivery and healthy community initiatives to underserved populations. The analysis turns on three moral conceptions of community benefits, the social contract model of hospital critics and the common good and covenantal models of Catholic and Jewish hospitals. (shrink)

Austin's ?doctrine of the infelicities?, whereby performative utterances are vulnerable to the risk of failure, has been criticized for treating such a possibility as contingent rather than as necessary (and hence revelatory of the essential nature of speech acts). This paper seeks to trace out what is at stake for one who maintains Austin's position. It examines Austin's curious hypothetical history of the development of speech acts, which is found to resemble forms of social?contract theory, and the problem (...) with this hypothetical history is shown to be that it presupposes as original the very properties that it sets out to explain. The argument is then made that Austin's technicalization of the conditions and context of speech acts displaces our attention from the deeper issue that both speech?act and contract theory are versions of a concern with making social action transparent, and both raise the perennial (and insoluble) problem of trust in human affairs. (shrink)

By combining normative philosophy and empirical social science, we craft a research framework for assessing differential expectations embodied in normative conceptions of the economic social contract in the United States. We argue that there are distinctviews of such a contract grounded in individualist and communitarian philosophical ideologies. We apply this framework to organizational downsizing, postulating that certain human resource practices, in combination with the respective ideological orientations, will affect perceptions of the justice of downsizing policies.Living up (...) to one’s word is a decisive measure of moral character. Within the microsocial realm of the family, promises and commitments derive their social force and cultural meaning from the idea that love or biology binds people together in an absolute way. But outside of this world, in the larger society, the only thing binding people together is a sense that there is a social contract, a set of common obligations held collectively by society as a whole. But today’s workers say no one seems to care whether these promises are kept. (shrink)

This essay seeks to give a contractarian foundation to the concept of Corporate Social Responsibility (CSR), meant as an extended model of corporate governance of the firm. Whereas, justificatory issues have been discussed in a related paper (Sacconi, L.: 2006b, this journal), in this essay I focus on the implementation of and compliance with this normative model. The theory of reputation games, with reference to the basic game of trust, is introduced in order to make sense of self-regulation as (...) a way to implement the social contract on the multi-fiduciary model of corporate governance. This affords understanding of why self-regulation, meant as mere recourse to a long-run strategy in a repeated trust game, fails. Two basic problems for the functioning of the reputation mechanism are examined: the cognitive fragility problem, and the motivational problem. As regards the cognitive fragilities of reputation (which result from the impact of unforeseen contingencies and from bounded rationality), the paper develops the logic and the structure that self-regulatory norms must satisfy if they are to serve as gap-filling tools with which to remedy cognitive limitations in the reputation mechanism. The motivation problem then arises from the possibility of sophisticated abuse by the firm. Developed in this case is an entirely new application of the theory of conformism-and-reciprocity-based preferences, the result of which is that the stakeholders refuse to acquiesce to sophisticated abuse on the part of the firm. (shrink)

The law of insider trading has progressed from an expansive approach, according to which all trading on nonpublic information was considered illegal, to a constricted approach, under which corporate outsiders are permitted to trade on nonpublic information provided such trading does not breach a fiduciary duty. This article analyzes both the former, expansive theory and the currently utilized constricted theory, within a framework of basic tenets of the American capitalist social contract regarding legitimacy of property claims. The existing (...) constricted approach to the regulation of insider trading is found to be deficient in meeting the expectations of two core components of the social contract: it discourages procedural equality of opportunity, and it endorses claims to property that are not characterized by legitimate methods of acquisition or transfer. Because the old, expansive regulatory interpretation was more consistent with the terms of the social contract in regard to property claims, it served our economic and ethical expectations more effectively than the system presently in place. Accordingly, the article culminates in a recommendation that the expansive approach to regulating insider trading be reestablished under Unites States law. (shrink)

A growing body of theory has focused on privacy as being contextually defined, where individuals have highly particularized judgments about the appropriateness of what, why, how, and to whom information flows within a specific context. Such a social contract understanding of privacy could produce more practical guidance for organizations and managers who have employees, users, and future customers all with possibly different conceptions of privacy across contexts. However, this theoretical suggestion, while intuitively appealing, has not been empirically examined. (...) This study validates a social contract approach to privacy by examining whether and how privacy norms vary across communities and contractors. The findings from this theoretical examination support the use of contractual business ethics to understand privacy in research and in practice. As predicted, insiders to a community had significantly different understandings of privacy norms as compared to outsiders. In addition, all respondents held different privacy norms across hypothetical contexts, thereby suggesting privacy norms are contextually understood within a particular community of individuals. The findings support two conclusions. First, individuals hold different privacy norms without necessarily having diminished expectations of privacy. Individuals differed on the factors they considered important in calculating privacy expectations, yet all groups had robust privacy expectations across contexts. Second, outsiders have difficulty in understanding the privacy norms of a particular community. For managers and scholars, this renders privacy expectations more difficult to identify at a distance or in deductive research. The findings speak directly to the needs of organizations to manage a diverse set of privacy issues across stakeholder groups. (shrink)

In this book, Brian Skyrms, a recognised authority on game and decision theory, investigates traditional problems of the social contract in terms of evolutionary dynamics. Game theory is employed to offer new interpretations of a wide variety of social phenomena, including justice, mutual aid, commitment, convention and meaning. Skyrms eschews any grand, unified theory. Rather, he presents the reader with tools drawn from evolutionary game theory for the purpose of analysing and coming to understand the social (...) contract. The book is not technical and requires no special background knowledge. As such, it could be read by students and professionals in a wide range of disciplines: political science, philosophy, decision theory, economics and biology. (shrink)

Social contract theory has a rich history. It originated among the ancients with recognition that social arrangements were not products of nature but convention. It developed through the centuries as theorists sought ethical criteria for distinguishing good conventions from bad. The search for such ethical criteria continues in recent attempts to apply social contract theory to organizations. In this paper, I question the concept ofconsent as a viable ethical criterion, and I argue for an alternate (...) principle of impartiality as a more appropriate moral norm in a social contracttheory of organizations. (shrink)

By combining normative philosophy and empirical social science, we craft a research framework for assessing differential expectations embodied in normative conceptions of the economic social contract in the United States. We argue that there are distinctviews of such a contract grounded in individualist and communitarian philosophical ideologies. We apply this framework to organizational downsizing, postulating that certain human resource practices, in combination with the respective ideological orientations, will affect perceptions of the justice of downsizing policies.Living up (...) to one’s word is a decisive measure of moral character. Within the microsocial realm of the family, promises and commitments derive their social force and cultural meaning from the idea that love or biology binds people together in an absolute way. But outside of this world, in the larger society, the only thing binding people together is a sense that there is a social contract, a set of common obligations held collectively by society as a whole. But today’s workers say no one seems to care whether these promises are kept. (shrink)

Discourse on the sciences and the arts -- Discourse on inequality -- On the social contract.

This article sets out two central theses. Both theses primarily involve a fundamental criticism of current contractarian business ethics(CBE), but if these can be sustained, they also constitute two boundary conditions for any future contractarian theory of business ethics. The first, which I label the self-discipline thesis, claims that current CBE would gain considerably in focus if more attention were paid to the logic of the social contract argument. By this I mean the aims set by the theorist (...) and method of reasoning by which normative conclusions are drawn in the contract model. The second, to which I refer as the domain-specificity thesis, argues that current CBE needs to be better adapted to its field of application and the specific goals which it aims to establish. I will substantiate these two theses on the basis of a comparative analysis of CBE with two earlier families of social contract theories. (shrink)

Social contracts are the mechanisms by which society legitimizes professions and grants them authority and autonomy to carry out their functions. The nursing profession is currently renegotiating its contract with society in a manner which clearly reflects a change from physician dominance, and emphasis on illness care to increased independent and autonomous functioning within a newly developing framework of nursing science which emphasizes health care. In return for their services, nurses are also negotiating for those benefits which historically (...) they have not received. These include legitimization of their newly acquired autonomous role functions, and adequate reimbursement mechanisms and structures. When the contemporary role of the nurse is fully legitimzed, the impact on contemporary society and health care is likely to be enormous. (shrink)

This essay seeks to give a contractarian foundation to the concept of Corporate Social Responsibility (CSR), meant as an extended model of corporate governance of the firm. It focuses on justification according to the contractarian point of view (leaving compliance and implementation problems to a related article, [Sacconi 2004b, forthcoming in the Journal of Business Ethics]). It begins by providing a definition of CSR as an extended model of corporate governance, based on the fiduciary duties owed to all the (...) firm’s stakeholders. Then, by establishing the basic context of incompleteness of contracts and abuse of authority, it analyses how the extended view of corporate governance arises directly from criticism of the contemporary neo-institutional economic theory of the firm. Thereafter, an application of the theory of bargaining games is used to deduce the structure of a multi-stakeholder firm, on the basis of the idea of a constitutional contract, which satisfies basic requirements of impartial justification and accordance with intuitions of social justice. This is a sequential model of constitutional bargaining, whereby a constitution is first chosen, and then a post-constitutional coalition game is played. On the basis of the unique solution given to each step in the bargaining model, the quest for a prescriptive theory of governance and strategic management is accomplished, so that I am able to define an objective-function for the firm consistent with the idea of CSR. Finally, a contractarian potential explanation for the emergence of the multi-fiduciary firm is provided. (shrink)

This paper relates Donaldson and Dunfee’s Integrative Social Contracts Theory to the problem of gender discrimination. We make the assumption that multinational managers might seek some guidance from ISCT to resolve ethical issues of gender discrimination in countries indifferent or hostile to gender equaIity. The role of Donaldson and Dunfee’s “hypernorms” seems especially cruciaI, and we find that, under their writings thus far, no “hypernorms” exist to make unethical the most blatant acts of sex discrimination in a host country (...) whose local norms tolerate such discrimination. The genesis of “hypernorms” as “global moral minimums” is recounted, and specific application of ISCT to a familiar ethics case (“A Foreign Assignment”) is provided. (shrink)

In The Libertarian Idea, Jan Narveson explains his interpretation of social contract theory this way: "The general idea of this theory is that the principles of morality are (or should be) those principles for directing everyone's conduct which it is reasonable for everyone to accept. They are the rules that everyone has good reason for wanting everyone to act on, and thus to internalize in himself or herself, and thus to reinforce in the case of everyone." It is (...) plain, here, that Narveson believes that social contract is to provide justification -- a foundation, in fact -- for 'the principles of morality'. The burden assumed in this essay is to examine how far Narveson has succeeded in making this foundational claim plausible. (shrink)

In this article I take up John Rawls's invitation to investigate the capacity of a given comprehensive ethical doctrine to endorse on principled grounds the liberal terms of social cooperation. In the case of Islamic political ethics, however, far more is at stake in affirming citizenship in a (non-Muslim) liberal democracy than state neutrality and individual autonomy. Islamic legal and political traditions have traditionally held that submission to non-Muslim political authority and bonds of loyalty and solidarity with non-Muslim societies (...) are to be avoided. In this article, I examine the Islamic foundations for affirming on principled grounds residence, political obligation and loyalty to a non-Muslim state. My research shows not only that such grounds exist even in classical Islamic legal discourses, but also that the concerns of Islamic scholars vindicate political liberalism's claim to successfully accommodate the adherents of certain non-liberal doctrines by refraining from proclaiming controversial metaphysical truth-claims. (shrink)

The problem of trust is discussed in terms of David Hume’s meadow-draining example. This is analyzed in terms of rational choice, evolutionary game theory and a dynamic model of social network formation. The kind of explanation that postulates an innate predisposition to trust is seen to be unnecessary when social network dynamics is taken into account.

For Charles Mills, the "Racial Contract" is a set of meta-agreements between whites to categorize nonwhites as subpersons of inferior moral and legal status relative to whites. This "contract" gives whites the right to exploit non-whites and deny them opportunities provided to whites. It portrays non-whites as designated to serve whites much as non-humans were designated by God to serve the benefit of humans. Mills argument helps make clear how, for most of the modern era, whites have had (...) as little obligation to recognize the rights of non-whites as they have had to recognize the rights of non-humans. (shrink)

The professionalism movement has animated medical education and practice; an extensive literature expresses and categorizes many interpretations of the concept (Hafferty 2006a; Hafferty and Levinson 2008). The inception of the current wave of the movement was in the American Board of Internal Medicine's Project Professionalism. In the face of threats from the growth of managed care and public concerns about conflict of interest, the ABIM's "Physician Charter" called for the profession to publically commit to values of patient welfare, social (...) justice, and respect for patient autonomy (Brennan et al. 2002). The concept of professionalism, or the physician as occupying the role of professional, has taken hold in .. (shrink)

Future technological developmentsconcerning food, agriculture, and theenvironment face a gulf of social legitimationfrom a skeptical public and media, in the wakeof the crises of BSE, GM food, and foot andmouth disease in the UK (House of Lords, 2000). Keyethical issues were ignored by the bioindustry,regulators, and the Government, leaving alegacy of distrust. The paper examinesagricultural biotechnology in terms of a socialcontract, whose conditions would have to be fulfilled togain acceptance of novel applications. Variouscurrent and future GM applications areevaluated against (...) these conditions. Successwould depend critically on how far a sharedvision can be found with the public. Tore-establish trust, significant changes areidentified in the planning and pursuit ofbiotechnology. (shrink)

For the first time in history, genetics will enable science to completely identify each human as genetically unique. Will this knowledge reinforce the trend for more individual liberties or will it create a ‘brave new world’? A law policy approach to the problems raised by the human genome project shows how far our democratic institutions are from being the proper forum to discuss such issues. Because of the fears and anxiety raised in the population, and also because of its wide (...) implications on the everyday life, the human genome analysis more than any other project needs to succeed in setting up such a social assessment. Keywords: human genome project, judiciary law policy, legislative activity, new ethics institutions, methodology in law reform, public debate, social consensus CiteULike Connotea Del.icio.us What's this? (shrink)

Although contract sugarcane farming is the most dominant and popular land use among farmers in Nzoia Sugarbelt, results from a 2007 study suggests that the intended goal of increasing farmers’ incomes seems to have failed. With a mean monthly income of Kenya Shillings 723 (US $ 10) from an average cane acreage of 0.38 hectares, it would be difficult for a household of eight family members to meet their basic needs and lead a decent life. Analysis of farmer statements (...) showed that up to 86% of the changes in net income were significantly determined by six cost variables as a group (i.e., acreage, tillage costs, seedcane costs, transport costs, yield, and farmer’s education level). Area under sugarcane had the greatest influence on net income whereby an increase in one hectare under cane would result in an increase of Kenya Shillings 110,427 in net income (per crop cycle of 21 months), holding other variables constant. This translates into Kenya shillings 5,258 per month (or 175 per day per household, or for a family of eight people—KES 22 or US $ 0.3) per member, which is far below the international standard of absolute poverty. Key net income depressors were tillage, seedcane, and transportation costs, all of which were determined by the company with no input from farmers. To bridge income gaps between the company and farmers in favor of sustainable community livelihoods, this paper argues strongly for the need to institutionalize Corporate Social Responsibility within the daily operations of the company particularly to address net-income depressors. Ten key building blocks for such a policy for Nzoia Sugar Company are suggested, based on farmers’ responses and ethical considerations. (shrink)

Although contract sugarcane farming is the most dominant and popular land use among farmers in Nzoia Sugarbelt, results from a 2007 study suggests that the intended goal of increasing farmers’ incomes seems to have failed. With a mean monthly income of Kenya Shillings 723 (US $ 10) from an average cane acreage of 0.38 hectares, it would be difficult for a household of eight family members to meet their basic needs and lead a decent life. Analysis of farmer statements (...) showed that up to 86% of the changes in net income were significantly determined by six cost variables as a group (i.e., acreage, tillage costs, seedcane costs, transport costs, yield, and farmer’s education level). Area under sugarcane had the greatest influence on net income whereby an increase in one hectare under cane would result in an increase of Kenya Shillings 110,427 in net income (per crop cycle of 21 months), holding other variables constant. This translates into Kenya shillings 5,258 per month (or 175 per day per household, or for a family of eight people—KES 22 or US $ 0.3) per member, which is far below the international standard of absolute poverty. Key net income depressors were tillage, seedcane, and transportation costs, all of which were determined by the company with no input from farmers. To bridge income gaps between the company and farmers in favor of sustainable community livelihoods, this paper argues strongly for the need to institutionalize Corporate Social Responsibility within the daily operations of the company particularly to address net-income depressors. Ten key building blocks for such a policy for Nzoia Sugar Company are suggested, based on farmers’ responses and ethical considerations. (shrink)

Epicurus is one of the first social contract theorists, holding that justice is an agreement neither to harm nor be harmed. He also says that living justly is necessary and sufficient for living pleasantly, which is the Epicurean goal. Some say that there are two accounts of justice in Epicurus -- one as a personal virtue, the other as a virtue of institutions. I argue that the personal virtue derives from compliance with just social institutions, and so (...) we need to (...) attribute only one account of justice to Epicurus. I show how this interpretation makes sense of claims about justice by Epicurus and his followers, including Hermarchus, Lucretius, and Diogenes of Oinoanda. (shrink)

This book advances a theory of personal, public and political justification. Drawing on current work in epistemology and cognitive psychology, the work develops a theory of personally justified belief. Building on this account, it advances an account of public justification that is more normative and less "populist" than that of "political liberals." Following the social contract theories of Hobbes, Locke and Kant, the work then argues that citizens have conclusive reason to appoint an umpire to resolve disputes arising (...) from inconclusive public justifications. The rule of law, liberal democracy and limited judicial review are defended as elements of a publicly justified umpiring procedure. (shrink)

The distinguished philosopher David Gauthier examines Rousseau's evolving notion of freedom, particularly in his later works, where he focuses on a single quest: Can freedom and the independent self be regained? Rousseau's first answer is given in Emile, where he seeks to create a self-sufficient individual, neither materially nor psychologically enslaved to others. His second answer comes in the Social Contract, where he seeks to create a citizen who identifies totally with his community, so that he experiences his (...) dependence on it only as a dependence on himself. Implicitly recognizing the failure of these solutions, his third answer is one of the main themes of the Confessions and Reveries, where he creates himself as the man made for a kind of love that merges with another's into a self-sufficient unity. (shrink)

I want to explore strategic expressions of ignorance against the background of Charles W. Mills's account of epistemologies of ignorance in The Racial Contract (1997). My project has two interrelated goals. I want to show how Mills's discussion is restricted by his decision to frame ignorance within the language and logic of social contract theory. And, I want to explain why Maria Lugones's work on purity is useful in reframing ignorance in ways that both expand our understandings (...) of ignorance and reveal its strategic uses. I begin with Mills's account of the Racial Contract, and explain how it prescribes for its signatories an epistemology of ignorance, which Mills characterizes as an inverted epistemology. I briefly outline his program for undoing white ignorance and indicate that retooling white ignorance is more complex than his characterization suggests. Making this argument requires an abrupt shift from the white-created frameworks of social contract theory to Lugones's system of thinking rooted in the lives of people of color. So, the next section outlines Lugones's distinction between the logic of purity and the logic of curdling and explains its usefulness in addressing ignorance. With both accounts firmly in place the third section demonstrates how the Racial Contract produces at least two expressions of ignorance and explains how the logic of purity underlying the Contract shapes each expression in ways that limit possibilities for resistance. I don't mean to suggest that the social contract theory's love of purity invalidates Mills's work, only that this framework limits prospects for long-term change by neglecting the relationship between white ignorance and non-white resistance. The final sections explain how people of color use ignorance strategically to their advantage , and argue that examining ignorance through a curdled lens not only makes strategic ignorance visible, but also points to alternatives for retooling white ignorance. (shrink)

This article provides an ISCT analysis of commercial bribery focused on transaction cost economics. In the language of Antitrust, commercial bribery is a form of vertical arrangement subject to the same efficiency analysis that has found other vertical arrangements potentially beneficial to consumers. My analysis shows that actions condemned as commerical bribery in the Honda case (1996) may well have benefited Honda's dealer network once promotional free riding and other forms of rent seeking by dealers are considered. I propose that (...) the term "commercial bribery" should be avoided until after an ISCT analysis shows that the community is likely to have been harmed. The term "third-party payments" is a more ethically neutral term with which to begin the analysis. (shrink)

Consisting of two essays, this work by a Harvard professor offers his thoughts on the idea of a social contract regulating people's behavior toward one another.

Revolutionary in its own time and controversial to this day, this work is a permanent classic of political theory and a key source of democratic belief. Rousseau's concepts of "the general will" as a mode of self-interest uniting for a common good, and the submission of the individual to government by contract inform the heart of democracy, and stand as its most contentious components today. Also included in this edition is Rousseau's Discourse on Political Economy", a key transitional work (...) between his Discourse on Inequality and The Social Contract. This new translation offers fresh insight into a cornerstone of political thought, which is further illuminated by a comprehensive introduction and notes. (shrink)

Epicurean contractarianism is an attempt to reconcile individualistic hedonism with a robust account of justice. The pursuit of pleasure and the requirements of justice, however, have seemed to be incompatible to many commentators, both ancient and modern. It is not clear how it is possible to reconcile hedonism with the demands of justice. Furthermore, it is not clear why, even if Epicurean contractarianism is possible, it would be necessary for Epicureans to endorse a social contract. I argue here (...) that Epicurean contractarianism is both possible and necessary once we understand Epicurean practical rationality in a new way. We are left with an appealing version of teleological, individualistic contractarianism that is significantly different from Hobbesian contractarianism. (shrink)

Human beings are peculiar. In laboratory experiments, they often cooperate in one-shot prisoners’ dilemmas, they frequently offer 1/2 and reject low offers in the ultimatum game, and they often bid 1/2 in the game of divide-the-cake All these behaviors are puzzling from the point of view of game theory. The first two are irrational, if utility is measured in a certain way.1 The last isn’t positively irrational, but it is no more rational than other possible actions, since there are infinitely (...) many other Nash equilibria besides the one in which both players bid 1/2. At the same time, these behaviors seem to indicate that people are sometimes inclined to be cooperative, fair, and just. In his stimulating new book, Brian Skyrms sets himself the task of showing why these inclinations evolved, or how they might have evolved, under the pressure of natural selection. The goal is not to justify our ethical intuitions, but to explain why we have them.2.. (shrink)